New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Rule 37 Sanctions: “Substantially Justified” Means “Not Justified to a High Degree” But “to a Degree That Could Satisfy a Reasonable Person” (Good Quote) — If Refusal to Admit RFA Is Substantially Justified, Court Lacks Power to Award Fees

In re Rael, 2018 U.S. App. LEXIS 34483 (10th Cir. Dec. 7, 2018): ORDER AND JUDGMENT* This appeal involves several orders entered in the bankruptcy proceedings stemming from the joint petition for bankruptcy relief filed by Robert and…
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May State Gov’t Assert Attorney-Client Privilege against Fed. Grand Jury Subpoena? — Circuit Split — 1st Cir. Says Yes; Maybe Not If State Official Subject of Criminal Inquiry — Appellate Jurisdiction: Advisory vs. Traditional Mandamus

In re Grand Jury Subpoena, 2018 U.S. App. LEXIS 32961 (1st Cir. Nov. 21, 2018): Rhode Island Department of Labor and Training ("Department") petitions us for a writ of advisory mandamus to answer the following question: May a state…
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Federal Jurisdiction—Class Actions: No Ancillary Jurisdiction over Fee Dispute Where Court Lacks Control over Funds (Distributed) & Dispute Has No Impact on Timing Or Substance of Relief in Underlying Action

In re Cmty. Bank, 2018 U.S. App. LEXIS 35841 (3d Cir. Dec. 20, 2018)): R. Bruce Carlson was co-lead counsel representing the plaintiffs in In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, MDL No. 1674 ("In …
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Rule 11 Sanctions: Failure to Heed Dismissal of Case for Lack of Diversity, and Refiling in New District with Additional Defendant, Is Frivolous — Even If New Def. Is the Real-Party-in-Interest, Every Party’s Citizenship Counts

Zausa v. Zausa, 2018 WL 5734265 (7th Cir. Nov. 1, 2018): *1 Attorney Maurice James Salem believes that if he files a lawsuit in an Illinois federal district court, which dismisses the case for lack of federal subject-matter jurisdiction, he …
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Texts/Hearsay — Adoptive Admissions (Factors) — Unique Nature of Texts (“Truncated, Raw & Immediate”) — Deflection vs. Acquiescence — Jury Must Be Instructed It Can’t Consider the Statements Unless It Finds Adoptive Admission Factors Satisfied

State v. Hill, 2018 Wash. App. LEXIS 2837 (Wash. Ct. App. Dec. 17, 2018): An out-of-court statement is not hearsay if the party has manifested an adoption or belief in its truth." ER 801(d)(2)(ii). A jury convicted Frederick …
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RICO: Loss of Unvested Work Comp Benefits ≠ Injury to Business or Property — In California, That Right Is Wholly Statutory and Not Vested until Reduced to Final Judgment

Black v. Corvel Enter. Comp, 2018 U.S. App. LEXIS 35309 (9th Cir. Dec. 17, 2018) (unpublished): The district court dismissed Appellants' claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, and 42 U.S.C. § 1983…
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Sanctions: “Dismissal Must Be a Sanction of Last, Not First, Resort” (Good Quote) — Disregard of Scheduling Order, Even with Warning, Not Enough without Consideration of Lesser Sanctions and Other (3d Circuit) Factors

Rawls v. Gibbs, 741 Fed. Appx. 108, 2018 U.S. App. LEXIS 31014, 2018 WL 5734259 (3d Cir. Nov. 1, 2018): (unpublished): OPINION* PER CURIAM Pro se appellant Sameech Rawls appeals the District Court's dismissal of his complaint for…
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Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

PNC Equipment Finance v. Mariani, 2018 WL 6584123 (6th Cir. Dec. 13, 2018): Harry Carr (“Carr”) appeals the decision of the district court to grant the Motion for Summary Judgment (“Motion”) filed by Plaintiff PNC Equipment Finance, LLC (“PNCEF”) and…
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Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Novero v. Duke Energy, 2018 WL 5013823 (11th Cir. Oct. 16, 2018): PER CURIAM: In this employment action, Plaintiff Primo C. Novero appeals the district court’s dismissal of his Complaint for failure to comply with Federal Rules of Civil Procedure …
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Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals after a jury convicted him of first degree murder (Pen. Code, 187, subd. (a))[1] and …
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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